schwit1 writes: Despite a federal court order directing Microsoft to turn overseas-held email data to federal authorities, the software giant said Friday it will continue to withhold that information as it waits for the case to wind through the appeals process. The judge has now ordered both Microsoft and federal prosecutors to advise her how to proceed by next Friday, September 5.

"Microsoft will not be turning over the email and plans to appeal," a Microsoft statement notes. "Everyone agrees this case can and will proceed to the appeals court. This is simply about finding the appropriate procedure for that to happen."

On Friday, however, she lifted that suspension after prosecutors successfully convinced her that her order was not appealable. The removal of the suspension legally requires Microsoft to hand over the email immediately.

This is the first time a technology company has resisted a US search warrant seeking data that is held outside the United States.

In the view of Microsoft and many legal experts, federal authorities have no jurisdiction over data stored outside the country. It says that the court order violates Ireland's sovereignty and that prosecutors need to seek a legal treaty with Ireland in order to obtain the data they want.Link to Original Source